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I bought a laptop in may 07, i opened it and set it up as per normal - i am a dj and this was to be a back up laptop. Everything seemed fine and recovery disc was created etc so i packed it away. I have used it about 6 times since it was bought, on the third occasion i noticed the time was about 5 or 6 mins slow, so i manually reset it and carried on, the 4th time of using it it was slow again so again i manually reset it, anyway it happened a further twice so today (Aug 25th) i took it to curry's to report the problem, they told me to phone thier support line which i did, the support line could only offer a repair, which i didn't want so i asked for a refund or exchange. I was told to discuss with the shop so went back in. the shop basically told me same thing - ie only a repair, i explianed that i wished a refund or exchange as per the sale of goods act, he basically refused and said i was talking twaddle - so i went home, looked at the SOG's act and printed of parts of it, so i went back and again requested a refund or exchange, i showed the manager the sale of goods act which i printed off and he said he had to speak to the store manager in order to get his decision, the store manager refused to even look at my print off and told me he would only consider a repair, the conversation did get a little heated and i raised my voice loud enough for the customer behind to hear me, anyway the store manager decided i was acting aggressivley and phoned the police, i have just had them come to the house to take a statement.
so question is - are they or I right?
the police have said as far as they are concerened the matter is ended and is now a civil matter based on consumer law, i have no intention of letting it lie and going out to buy a cmos battery, i will be talking with the trading standards dept on monday, however i wish to find out if i am right or wrong and find out what other peoples stories are concerning this company.
A CMOS battery should last years. I've never had to replace one (normally Lithium type in the various motherboards I've owned).
I would contact Curry's head office and make a firm, but serious complaint with regard to calling the police; this seems a very drastic measure whatever the words exchanged.
I know I shouldn't joke, but it wasn't a case of assault and battery I hope...:-)
A CMOS battery should last years. some do some don't
its the buying a watch scenario how long has it been in there.
To procede with this issue for the sake of £3:50 is to say the least a fruitless task and i fear a bumpy ride is in the offing...
A seller has the right to attempt a repair in the first place. To be honest demanding a replacement for a slow clock is a little OTT. The manager was right to get the police involved, there is no excuse for anyone to berate staff especially by someone who is being intransigent. I hope the law looks at this the same way.
On a personal note, I would never, ever deal with these type of high street stores.
My best mate ran an independent audio/visual/appliances outlet until he retired recently - he has many tales of telling some of the customers of these type of stores that no, he wouldn't repair/check out their recently purchased goods (they'd been sent to him by the staff of the stores in question).
They were informed that they should take them back to where they bought them as his workshop service was for his own customers, not a third party get out for the high street outlets.
Firstly Gandalf i was not berateing the store manager nor was i being aggresive, i raised my voice a few decibels so that other customers would hear that i was asking the manager why did currys not adhear to the sale of goods act - as the act states:
" PART 5A
ADDITIONAL RIGHTS OF BUYER IN CONSUMER CASES
(1) This section applies if -
(a) the buyer deals as consumer or, in Scotland, there is a consumer contract in which the buyer is a consumer, and
(b) the goods do not conform to the contract of sale at the time of delivery.
(2) If this section applies, the buyer has the right -
(a) under and in accordance with section 48B below, to require the seller to repair or replace the goods, or
(b) under and in accordance with section 48C below -
(i) to require the seller to reduce the purchase price of the goods to the buyer by an appropriate amount, or
(ii) to rescind the contract with regard to the goods in question.
(3) For the purposes of subsection (1)(b) above goods which do not conform to the contract of sale at any time within the period of six months starting with the date on which the goods were delivered to the buyer must be taken not to have so conformed at that date.
(4) Subsection (3) above does not apply if -
(a) it is established that the goods did so conform at that date;
(b) its application is incompatible with the nature of the goods or the nature of the lack of conformity.
Sale of Goods Act Quick Facts
Subject: Sale of Goods Act, Faulty Goods.
Relevant or Related Legislation: Sale of Goods Act 1979. Supply of Goods and Services Act 1982. Sale and Supply of Goods Act 1994. The Sale and Supply of Goods to Consumers Regulations 2002.
• Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).
• Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description.
• Aspects of quality include fitness for purpose, freedom from minor defects, appearance and finish, durability and safety.
• It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.
• If goods do not conform to contract at the time of sale, purchasers can request their money back.
• For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement).
• A purchaser who is a consumer, i.e. is not buying in the course of a business, can alternatively request a repair or replacement.
• In general, the onus is on all purchasers to prove the goods did not conform to contract (e.g. was inherently faulty) and should have reasonably lasted until this point in time (i.e. perishable goods do not last for six years).
• If a consumer chooses to request a repair or replacement, then for the first six months after purchase it will be for the retailer to prove the goods did conform to contract (e.g. were not inherently faulty)
• After six months and until the end of the six years, it is for the consumer to prove the lack of conformity.
I have placed the text i was referring to in bold, if the manager had at least taken the bother to read what i had printed rather than just sticking to a protocol that seemed to favour the company rather than sticking to the letter of the law re the sale of goods act
ok the bold didn't work in my post lol
Also are you aware that every curry's store has microphones planted all over the place so be careful what you discuss with your wife etc when you think no one is in earshot as they can hear everything!!! Seemingly by law they do not need to advertise the fact they have mics planted
Sale of goods act can indeed cover you upto 6 years, apart from batteries which are classed as a consumable, so i think you will have a problem if you proceed with this issue..
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